IL Bill To Give Law Enforcement Permission to Seize Firearms

EDWARDSVILLE, Ill. - Feb. 15, 2016 - PRLog -- Illinois Senate Bill 2211 would allow law enforcement to remove firearms from homes that do not have a valid FOID cardholder in residence. The legislation would amend the Firearm Owner’s Identification Act as means to seize weapons from individuals facing a revoked FOID card.

Upon revocation of a FOID card, a firearm owner is required to provide local law enforcement with (a) his/her FOID card, and (b) completed Firearm Disposition Record form.

In the Firearm Disposition Record, the individual must disclose the make, model and serial number of each firearm owned or in the custody of the revoked individual; the location of where each firearm will be now be located; and the name, address and FOID card number of the person taking custody of the firearm(s).

If these steps are not completed within five days of original notice, law enforcement can offer a 48-hour reprieve. However, should the individual still fail to an FDR, officers are now required petition the court in order to seize the firearms. Failure to comply may include a misdemeanor charge and subsequent arrest.

Given the complexity of the proposed legislation, attorney Todd Sivia, managing partner of Sivia Business & Legal Services, encourages gun owners to double check the validity of his/her FOID card.

“The FOID card system is unique to Illinois, so there is no legislation comparable in the U.S,” explains Sivia. “If you have a gun in your home—even if it is an antique with no ammunition—you need to be sure someone in the home has a valid FOID card. Otherwise, law enforcement could have the right to remove your firearm.”

A similar bill was also introduced in the Illinois House.

Sivia Business & Legal Services, P.C. is an asset protection law firm focusing on general business law, litigation, estate planning, elder law, and special needs planning. The firm has offices located at 217 South Main St., Edwardsville, IL 62025; 912 North Main St., Brighton, IL 62012; and 5205 Hampton Ave., St. Louis, MO 63109.  For more information, visit www.sivialaw.com.